Scribd Feed for category: LawThis is a feed for documents in the category LawSearle Brothers v. Searle- August 28, 2008 Between the "Same" Parties Case: Searle Brothers v. Searle (UT, 1978) CB 673-680 588 P.2d 689 Facts: 1st Action: Df sued her husband for a divorce. There was a piece of property that the husband had a one-half interest in; the other half was owned by a partnership with his sons as partners (Searle Bros.). The court awarded the entire property to the Df. 2nd Action: Searle Bros. sues Df (their mother) for the one-half interest in the property, claiming that it was paid with partnership funds...http://www.scribd.com/doc/5257325/Searle-Brothers-v-Searle- Martino v. McDonald's System, Inc.- August 28, 2008 Precluding the Same Claim: Consistency Case: Martino v. McDonald's System, Inc. (7th, 1979) CB 667-672 598 F.2d 1079, 444 U.S. 966 Facts: Action 1: Martino had a McDonalds franchise. He signed the contract with McDonald's that provided that neither Martino nor anyone in his immediate family would acquire any financial interest in a competing self-service food business. Then Martino financed a Burger Chef for his son in Iowa. McDonalds sued him for breach of contract, and there was a consent...http://www.scribd.com/doc/5257311/Martino-v-McDonalds-System-Inc- Frier v. City of Vandalia- August 28, 2008 Precluding the Same Claim: Efficiency Case: Frier v. City of Vandalia (7th, 1985) CB 658-667 770 F.2d 699 Facts: Action 1: Pl's cars were towed by the city and placed in a garage. He didnt want to pay the fine, so he sue to city for replevin in state court. The state court concluded that the city properly took Pl's cars, and declined Pl's writ of replevin, bc the city had a right to remove the cars from the street. Action 2: Pl then tried to sue in federal court, invoking the 14th amendment...http://www.scribd.com/doc/5257298/Frier-v-City-of-Vandalia- Anderson v. Bessemer City- August 28, 2008 Law and Fact Case: Anderson v. Bessemer City (1985, U.S.) CB 647-653 Facts: Anderson filed a suit for sexual discrimination in hiring The district court found that she had been denied employment because of her sex, and made the subsidiary factual findings (1) that she was better qualified than the successful applicant; (2) that male members of Df's selection committee were biased against her because of her sex; (3) that she was asked questions that other applicants were spared; and (4) that...http://www.scribd.com/doc/5257273/Anderson-v-Bessemer-City- Lauro Lines s.r.l. v. Chasser- August 28, 2008 Exception to the Final Judgment Rule United States Supreme Court laid out the law of interlocutory appeals for United States federal courts. Case: Lauro Lines s.r.l. v. Chasser (1989, U.S.) p. 636-642 Facts: Plaintiff cruise passengers had filed a lawsuit in a United States district court against the defendant cruise line for injuries sustained when an Italian cruise ships - the Achille Lauro - was hijacked by terrorists. The cruise ticket included a forum selection clause which required that..http://www.scribd.com/doc/5257247/Lauro-Lines-srl-v-Chasser- Liberty Mutual Insurance Co. v. Wetzel- August 28, 2008 Appellate Jurisdiction and the Final Judgment Rule Case: Parties: Liberty Mutual Insurance Co. v. Wetzel (1976, U.S.) p. 628-634 Plaintiff - Wetzel (Respondent) Defendant - Liberty Mutual (Petitioner) Facts: Wetzel filed a complaint against Liberty Mutual for discrimination in violation of Civil Rights Act of 1964 After extensive discovery, Wetzel moved for partial summary judgment on the issue of liability, and court granted it Although Wetzel rec'd a favorable ruling, they didnt received..http://www.scribd.com/doc/5257223/Liberty-Mutual-Insurance-Co-v-Wetzel- Pennsylvania Railroad v. Chamberlain- August 28, 2008 Case: Pennsylvania Railroad v. Chamberlain (1933) CB 594 Facts: Action was brought alleging that Df's negligence caused the death of a brakeman. Pl alleges that the death resulted from a violent collision of a string of railroad cars causing the brakeman to be run over. Pl case is based on a testimony of a single employee, who said that at one point he saw the car on which the decedent was riding slowing down and other cars behind it gaining speed. Later he heard a loud noise, like a crash,.http://www.scribd.com/doc/5257185/Pennsylvania-Railroad-v-Chamberlain- Reid v. San Pedro, Los Angeles & Salt Lake Railroad- August 28, 2008 Burden of Production Case: Reid v. San Pedro, Los Angeles & Salt Lake Railroad (1911) CB 584 Facts: Pl suing RR bc her cow was killed by a railroad. Pl alleges RR negligence by either permitting fence to to be broken down and in bad repair, or for leaving the gate open for the cow to get onto the tracks. However, Pl doesnt know exactly which one is the reason why the cow got onto the tracks. Also alleges RR operated negligently which caused the car to hit the cow. Verdict for plaintiff; Df...http://www.scribd.com/doc/5257168/Reid-v-San-Pedro-Los-Angeles-Salt-Lake-Railroad- McDonough Power Equipment v. Greenwood- August 28, 2008 Case: McDonough Power Equipment v. Greenwood (1984) App. 141 Facts: Greenwood sued on a tort action to recover damages after he was injured by a blade of a lawn mower manufactured by McDonough. During voir dire, the jurors where asked whether them or anyone in immediate family has suffered a similar accident that resulted in a disability or prolonged pain and suffering. Payton, one juror, did not respond to this (it was asked to all jurors). Verdict found for Greenwood. McDonough then found...http://www.scribd.com/doc/5257136/McDonough-Power-Equipment-v-Greenwood- Beacon Theatres v. Westover- August 28, 2008 Case: Beacon Theatres v. Westover (1959, US) App. 121-124 Facts: Fox owned a theatre and had "first-run" contracts with Beacon, where they would be the first in the area to show a movie, and be the only ones for a specific time. Beacon then told Fox that the contracts violated antitrust laws. Fox asked for declaratory relief that the contracts Fox wants with Beacon is not in violation of antitrust laws, and for an injunction against Beacon from filing suit against Fox regarding these...http://www.scribd.com/doc/5257096/Beacon-Theatres-v-Westover- |